Summary: 1. Introduction. – 2. Evolution of Appeal Measures in Civil Proceedings under the Polish Law. – 3. The Origin and Nature of the Extraordinary Complaint. – 4. Grounds for Appeal with the Use of an Extraordinary Complaint. – 5. Authority to File and Dates of Filing an Extraordinary Complaint. – 6. Judicial Resolution Following Extraordinary Complaint Examination. – 7. Concluding Remarks
Literature has referred to this extraordinary measure of appeal as a total instrument with considerable material and temporal scope, allowing contestation of final judgements regardless of whether any legal measures had been applied in the course of respective proceedings and the type of measures used. Although parties to civil proceedings have gained another extraordinary measure of appeal, they have no real influence over its application.
The expansion of the extraordinary appeal measures catalogue in Polish civil law proceedings has triggered multiple reservations as to the connection between parallel complaints. One should not assume a priori that the new extraordinary measure of appeal shall destabilise the legal system in Poland – albeit certain operational distortions seem realistic.